Copyright Clause

[nickbedford]

I have a simple contract (no big "legalese") that I'll be using for my first photography job and just wanted clarify the copyright clause I have.

4. The photographer retains copyright in the photographs for promotional use, and hereby grants the client unlimited exclusive rights to use or reproduce the photographs for which the client pays.

I suppose this would be the most suitable for both the client and I? I retain rights to the original images for no more than promotional use / portfolio but the ensures to the client that I don't sell the images elsewhere and gives them unlimited use of the photos they have paid for (this part is obvious).

I've seen some which state they give unlimited but non-exclusive rights to the client. Which is best to have?

[Oracheski]

Unlimited but non-exclusive is better for you, allowing you to resell them if you wish. If I was providing exclusive rights, I'd charge more for the photos.

[Jim Poor]

1. Why would you limit yourself to promotional use? That kills any chances of future income from the photos.

2. If you grant "exclusive" license, you're giving away your own rights too.

[OsmosisStudios]

Originally Posted by nickbedford

4. The photographer retains copyright in the photographs for promotional use, and hereby grants the client unlimited exclusive rights to use or reproduce the photographs for which the client pays.

Instead:
The Client is hereby granted personal use rights to the images produced by the Photographer. All other rights are Reserved.

Means the client can use the images for themselves (printing, posting online, etc) but you get to use them for anything and everything else. Best of both worlds.

[Jim Poor]

Originally Posted by OsmosisStudios

Instead:
The Client is hereby granted personal use rights to the images produced by the Photographer. All other rights are Reserved.

Means the client can use the images for themselves (printing, posting online, etc) but you get to use them for anything and everything else. Best of both worlds.

Yep. I go a step beyond this and list some things that are specifically prohibited just to be sure the client doesn't think they fall under personal use. Contest entry of any sort, among other things, is prohibited without my permission.